Orange Crush
Posts:4499
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| 04/07/2014 01:40 PM |
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Posted By Cosmic Kid on 04/07/2014 01:01 PM
How the hell can they hold Vansummeren responsible? It is not like he said "Oh, I'm gonna tag that old lady", nor was he negligent in his actions.
Vansummeren acknowledged making an error of judgement in trying to swerve around the obstacle on opposite side. That might translate to a "causing involuntary harm" charge according to reports I am reading on Belgian sites.
I know cyclists and pedestrians are open targets on roads here but laws in Europe are a bit different.. In this case that might be to detriment of Vansummeren but ultimately it is a good thing. |
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Cosmic Kid
Posts:4209
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| 04/07/2014 03:30 PM |
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From cyclingnews....
Rumours have spread about potential ramifications for the rider and organisers. Earlier today, Belgian sport channel Sporza reported that Vansummeren could face a legal case if he is found to be at fault. However, Garmin denied that any such action had been brought to their attention. “I read about it on the internet. We have spoken to the police, but that is normal in Belgium when there has been a big accident and there is a victim. It is nothing against Johan,” sad van Bondt. “We have had no indication that Johan will have any legal proceedings against him.” |
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Orange Crush
Posts:4499
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| 04/07/2014 04:47 PM |
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maybe Bondt should talk to Tom Janssens, spokesperson of the legal court in Kortrijk. His statement is pretty clear.
Janssens indicates it get complicated because the incident is during race. THat will largely determine whether the investigation leads to prosecution(s) and of whom.
http://www.nieuwsblad.be/sportwereld/cnt/dmf20140406_01057919
"Tom Janssens, woordvoerder van het parket van Kortrijk, bevestigt dat een onderzoek gaande is. 'We gaan onder meer na of de plaats van het ongeval voldoende beveiligd was. Op basis van de verschillende getuigenissen zullen we dan in alle sereniteit een standpunt innemen. Omdat het om een aanrijding van een zwakke weggebruikster gaat, volgen er eventueel ook vervolgingen.' Een makkelijke zaak is dat zeker niet. 'Het ongeval vond plaats in een wedstrijd. Dat betekent tussen de eerste wedstrijdwagen en de groene vlag. In dat geval worden aangepaste regels gehanteerd.'" |
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Cosmic Kid
Posts:4209
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| 04/07/2014 05:21 PM |
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Posted By Orange Crush on 04/07/2014 04:47 PM
"Tom Janssens, woordvoerder van het parket van Kortrijk, bevestigt dat een onderzoek gaande is. 'We gaan onder meer na of de plaats van het ongeval voldoende beveiligd was. Op basis van de verschillende getuigenissen zullen we dan in alle sereniteit een standpunt innemen. Omdat het om een aanrijding van een zwakke weggebruikster gaat, volgen er eventueel ook vervolgingen.' Een makkelijke zaak is dat zeker niet. 'Het ongeval vond plaats in een wedstrijd. Dat betekent tussen de eerste wedstrijdwagen en de groene vlag. In dat geval worden aangepaste regels gehanteerd.'"
Oh, well THAT clears it up!! 
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Cosmic Kid
Posts:4209
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| 04/07/2014 05:26 PM |
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In all seriousness, it sounds like the victim has not improved at all and her situation is extremely grave.
I hope she recovers, but words like "traumatic brain injury" are very frightening. I doubt she will ever be the same again, even if she recovers.
As for the possibillity of prosecuting Vansummeren, it seems like theya re still trying to decide what to do and nothing is locked down. I would still be shocked if they decided to.
The organizers, however..... |
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Orange Crush
Posts:4499
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| 04/07/2014 05:38 PM |
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Yes her situation is still grave; the husband (and the public at large) are not blaming Vansummeren whatsoever though.
I don't think in the end Vansummeren will get proscecuted. But because a "weak road user" was the victim, this automatically triggers an investigation and possibility of proscecution. Ironically, this is exactly the law that we in North America always complain about not having and why a driver hitting a cyclist can get away with it here. Its the law protecting weak road users.
The organizers...it will depend on how the race situation is interpreted. Because the incident occured between the race lead car and the last (with green "all clear" flag), the rules of road are different and likely the women and others on that barrier should not have been where they were according to race rules. Kinda like having to clear the road when an ambulance with flashing lights passes. But how on earth is a race organization going to control spectator behaviour. |
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Cosmic Kid
Posts:4209
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| 04/07/2014 05:46 PM |
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Yeah, I get what you are saying about controlling spectators' behavior, but how hard would it ahve been to place a marshall there, like at every other piece of traffic furniture?
To be honest, I'm surprised we haven't see a serious accident like this before, but just involvening one of the marshals. I'm always amazed at how calm they are as the race blows by them.....I'd cr@p my pants. |
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Orange Crush
Posts:4499
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| 04/07/2014 05:55 PM |
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Well growing up on the Amstel Gold course I can tell you there's no way in hell you are going to get enough marchals for every obstacle. That is why pros consider it one of the most dangerous one-day races out there. Flanders is similar, road furniture galore (this is why around here I can ride with my eyes closed)
In this case the marchal was at start of traffic circle...apparently according to rules.
And yeah I was going to write exactly that...surprised something like this doesn't happen more often. |
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Yo Mike
Posts:338
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| 04/08/2014 09:15 AM |
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Big precedents at stake. I have sympathies for the woman injured, but she was ON the race course, which should not be allowed in the first place.
By analogy, one cannot sue the ball park if one is hit by a foul ball at a baseball game. The spectator assumes the risk by attending.
The organization, preparation and marshaling of the race should be evaluated to avoid a repeat incident. |
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Oldfart
Posts:511
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| 04/08/2014 11:48 AM |
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| I was thinking some of the same thoughts as many of you. Many times when watching the traffic furniture Marshall I think " worst job in cycling". I also thought it was foreseeable that the peloton would going around that island so why would anyone be there? |
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Keith Richards
Posts:781
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| 04/08/2014 01:10 PM |
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| Was it last year that some dude center punched an island in P-R?
Yup....
https://www.youtube.com/watch?v=57XY6DkV2eA |
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| -----
It is his word versus ours. We like our word. We like where we stand and we like our credibility."--Lance Armstrong. |
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Dale
Posts:1767
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| 04/08/2014 02:19 PM |
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I'm actually surprised more riders don't get taken down by road hard, roundabouts, spectators or dogs.
One of the DVD's I watch when I'm on the trainer shows a line of guys slowly veering away from a post and the last rider in the line drills it, gets up, kicks the post in disgust, then goes to pick up his bike. |
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